The media currently is buzzing over the rich and famous hiding behind the super-injunctions. With an increasing amount being ousted, inevitably one question can be raised; are they really working anyway?
The “Super Injunction,” a phrase coined by Guardian editor, Alan Rusbridger, is not merely a gagging order taken out to prohibit the media from reporting a story, but goes further and even blocks the right to know there is an injunction in place. Any person who fails to comply with the injunction may face court action, be fined or faced with criminal penalties.
Formed as part of the Human Rights Act in 1998, the super-injunction is aimed at protecting an individual’s privacy, as well as protecting their right to freedom of expression.
However, in this day and age, where media keeps fragmenting and online development is growing at such a fast-growing pace, it is (a) becoming much easier for news to spread, hence (b) making it an awful lot harder to manage what’s published.
There is no doubt that there is a strong public interest in celebrity gossip and controversy in today’s society. It makes big news. Never a day goes by without hearing of some sort of celebrity scandal being splashed all over the tabloids and online.
And with more and more super-injunction cases exposed, it makes gossip more intriguing to audiences when only half the story is told. Ultimately, the more a story is kept under the table, ironically the more newsworthy it becomes.
Many audiences and users turn to the internet because it is far more difficult to regulate who says what online. It could be argued that with so much speculation and exposure, super-injunctions per se are insufficient and arguably obsolete. The judicial system is clearly failing.
It is clear to see the correlation between the huge use of social networking site Twitter to reveal the super-injunctions and the failure of them adequately protecting their clients.
Take for example the recent news that an anonymous Twitter user has forwarded at least 2 million followers a list of confidential information of the private lives of celebrities who have recently taken out super-injunctions.
Claire Perry, House Of Commons Justice Committee member said of the news, “This is making a mockery of the existing law and we need to make sure that the law catches up with the technology.”
And because Twitter is based in San Francisco it makes it extremely hard to trace the users behind the allegations.
However, recent steps have been taken to reveal the anonymous users posting statements that are potentially libellous. One case in particular being how South Tyneside Council was granted confidential data from Twitter by US courts to identify “Mr Monkey”, a user allegedly posting untruths against council leaders. This may lead to others from the UK following suit and heading to the US courts to take action.
Yet it is important to note, it is a very tricky business trying to take out a UK court order on a US company such as Twitter, which may put many off the complex process in revealing the identities of the alleged.
Media Lawyer Mark Stephens, when interviewed on BBC Newsbeat said the rich and famous shouldn’t be anonamised to cover up their “away games” and that they should deal with the consequences of their actions. He remarked that “people will talk” and that ultimately it is our “taxpayer’s right to know who is in court”.
Ultimately it seems in today’s society the super-injunction is clearly not protecting those for which it was created. The law clearly is not keeping up with the increasing rapidity of technology. People cannot be stopped from talking and with the high amount of online users makes the whole matter almost impossible to police and therefore enforce. So the question has to be asked in the light of all of this: are the super-injunctions there to protect those that need it?